Texas Review of Entertainment & Sports Law, Volume 12, Number 1, Fall 2010: Searching Inside

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... THE UNIVERSITY OF TEXAS SCHOOL OF LAW ADMINISTRATIVE OFFICERS LAWRENCE G. SAGER, A.B., LL.B.; Dean... EMERITI HANS W. BAADE, A.B., J.D., LL.B., LL.M.; Hugh Lamar Stone Chair Emeritus in Civil Law. RICHARD V... and Appellate Advocacy, University Distinguished Teaching Professor. LINO A. GRAGLIA, B.A., LL.B.; A. Dalton... Regents Chair, University Distinguished Teaching . Professor. CALVIN H. JOHNSON, B.A., J.D.; Andrews &

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... to complement the ideals and values of the academy. The * B.S., Cornell University; M.Pub.Affs., Princeton... University; J.D., Harvard University; M.B.A., University of Pennsylvania. Professor Carson holds the Ronald D.... Krist Professorship in Law at the University of Texas School of Law. ** M.Arch., Tulane University; M.S.... in Architecture, University of Michigan; Ed.D., University of Pennsylvania. Dr. Rinehart is Assistant Dean... for Administration in the College of Architecture at The Catholic University of America. The authors wish to thank Dr

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.... The NCAA and the Athletic Conferences........................................30 B. University... of Law, Michigan State University College of Law, B.A., Michigan State University, 1969; J.D., University... of Michigan, 1973. ** Amy Christian McCormick, Professor of Law, Michigan State University College of Law..., B.S.B.A., Georgetown University, 1988; J.D., Harvard Law School, 1991. We are indebted to Jane Edwards..., and the entire library research staff at Michigan State University College of Law. We also wish to thank Teresa

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... and his relationship to his university. Several of those rules, ostensibly designed to preserve... arbitrarily limit the amount of compensation a university may pay an athlete to the cost of attending... the university"9 and render him ineligible to participate in his sport if he receives financial aid from his... university in excess of that cost.120 These rules, thus, ensure that any economic advantage the athlete... creates in excess of the cost of his attendance benefits only his university. At the same time, other NCAA

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... Regents Chair in Law & Professor of Government University of Texas School of Law, Austin, Texas Wayne C.... Schiess Senior Lecturer University of Texas School of Law, Austin, Texas David S. Sokolow Distinguished... Senior Lecturer University of Texas School of Law, Austin, Texas R. Anthony Reese Assistant Professor... University of Texas School of Law, Austin, Texas Volume"12 Issue 1 Fall 2010 ix

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... college student.65 Williams v. Board of Regents of the University System of Georgia and J.K. v Arizona... knowledge that this student could commit sexual harassment.66 Simpson v. University of Colorado Boulder... of deliberate indifference.67 1. WILLIAMS V. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM... at the University of Georgia (UGA), went to the room of Tony Cole, a UGA basketball player, in the main dormitory... incidents have occurred at universities nationwide. At the University of Alabama at Birmingham

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... or university.54 Although Hill's compensation increased beginning in 2008, it is not clear why it increased... have attended the university to which Hill went: "If he would have stayed at Charlotte, I would have... are paid at the University of North Carolina, the University of California Los Angeles, The University... of Memphis, and the University of Kansas). 55. ESPN OTL, supra note 5. 56. Id. VOL. 12.1 82

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.... 172. Potrafke, supra note 28, at 431-32. The North Carolina University System, which includes sixteen... felons absent a waiver granted by the University President. IDAHO STATE BD. OF EDUC., GOVERNING POLICIES...), http://www.boardofed.idaho.gov/policies/documents/policies/iii/iii_tintercollegiateathletics_06-07.pdf. The University of Oklahoma adopted a policy in 2005 to background check all of their incoming..., http://www.sptimes.com/2005/03/06/Sports/Backgroundchecks_var.shtml. California State University, Fresno will not sign prospective student-athletes who have been... of the coaches and university personnel. CAL. STATE UNIV. FRESNO STUDENT ATHLETE RECRUITMENT

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... and the academy. Led by Scott Cowen of Tulane University and James Duderstadt, President Emeritus... of the University of Michigan,83 it culminated in the National Symposium on Athletics Reform.84 This was a step... support this legal approach. In Bob Jones University v. United States,85 the Supreme Court determined... that the IRS could revoke a university's tax-exempt status if its actions are contrary to broader public... plaintiff Ross, a Creighton basketball player from 1978 - 1982, left the University with the overall

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... of attending a university, the NCAA has enabled its members to sharply restrict the cost of this particular... and entertainment of the racial majority. OXFORD UNIVERSITY PRESS 1919) (1726). 21. "When the value... at the University of Wisconsin at $1.35 per hour for 20 hours a week of mandatory workouts). 22. CBS, 60..., http://webl.ncaa.org/webfiles/stats/footballrecords/Attendance/2009.pdf (last visited Feb. 27, 2010). The University of Michigan enjoyed the largest per game attendance... the University of Maryland $25 million for naming rights to the school's basketball arena. Editorial

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... economic advancement. B. UNIVERSITY PRESIDENTS, COACHES, AND ATHLETIC DIRECTORS While the compensation... of university presidents is only tangentially related to the performance of their universities' athletic teams..., it is noteworthy that more than 92.5% of university presidents at Football Bowl Subdivision institutions were... football coach at the University of Texas, whose salary was recently increased to $5 million annually..., despite severe budgetary shortfalls in the university's core programs. Sean Braswell, Op-Ed., How A Tiny

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... record speaks to the reasonableness of a university's response as a basis for imposing institutional... the protection of Title IX in Cannon v. the University of Chicago.32 The Court further determined... and $45,000 settlements paid by the University of Tennessee and the University of Rhode Island, respectively... felons without special approval from the college's president. Id. The University of Oklahoma has

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... forty-yard time is 4.6 seconds or under. Admittedly, the University of Miami football program has reputedly... University admitted Chris Washburn, a star basketball player, with a combined 475 College Board score when... the average student there has achieved a 950. Tulane University experienced a similar situation when "Hot Rod... for the University of Oklahoma before allegedly kidnapping his girlfriend, driving her to the desert, and holding... Sooner depth chart. 54. Football Archives, UNIVERSITY OF MIAMI ATHLETICS (Oct. 30, 2010, 1:15

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... courses,62 their images are plastered across university viewbooks and admissions materials, giving... by the University of Oregon, there were only 15 African-American athletic directors among the 119 NCAA member... participant Memphis State University was a shocking 6 %. 59. KING & SPRINGWOOD, supra note 46, at 10; WILFORD... with the University of Colorado. See also Thayer Evans, Ending a Recruiting Battle, N.Y. TIMES... to have been offered interest free loans if her son would sign with a particular university. Additionally

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... the requisite ability to do so, might well provide greater leverage to college and university presidents... for athletics reform. CONCLUSION What is needed here is a strong, concerted movement by university and college... president of a high-profile, big-time sports university for any reform to take root. He or she must stand up

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... the racial composition of key university administrators-the president or chancellor, the head coach..., and the athletic director at each university.210 FINAL 2009 BCS STANDINGS - TOP 25 FOOTBALL TEAMS STARTING... with author. 212. For this category, we considered the three posts of university president or chancellor...) (showing percent of undergraduate enrollment by race/ethnicity upon search for each university). 214. Id

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... students, including those with academic scholarships, face no bar to transferring to another university... where they can be eligible for academic scholarships, as well as the full range of university programs... not experienced by any other university student, additional rules also ensure that athletes' economic security...]."). 135. BYERS, supra note 17, at 76, 164. Under prior NCAA legislation, university committees composed

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... African Americans.219 Of those, two were university athletic directors and one was a head football coach..., but not one university president at these twenty-five schools was African American. The fact that three-fifths...'S BASKETBALL 217. University of Miami President Donna Shalala, an Asian, was not included in this computation... the university president and the head coach were both white, we recorded this statistic as having been 100% white

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... enrolled at the University of Memphis.29 Less than five months later, head coach John Calipari hired Evans... in the United States.36 During his sophomore year of high school, Beasley committed to the University of North... a job at Kansas State University (KSU) under then head coach Bob Huggins.38 Beasley followed Hill... was once rated the sixth best high school basketball player in California.40 In 2005, the University

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... the opportunity to attend a university that they otherwise would not have, some faculty have expressed concern... if their players stay at the university past their first year, it has clearly not deterred studentathletes from.... Ohio State University faculty representative John Bruno, who holds positions in both the psychology... to advising one of his students, Ohio State University freshman B.J. Mullens, not to enroll for the third

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